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When an Indictment is Required. The Fifth Amendment to the United States Constitution provides that prosecutions for a capital, or otherwise infamous crime must be instituted by a presentment or indictment of a Grand Jury.. See Ex Parte Wilson, 114 U.S. 417, 427 (1885); United States v. Wellington, 754 F.2d 1457, 1462 (9th Cir.), cert.
At the close of evidence, the prosecutor reads legal instructions and the law to jurors. The grand jury may then vote an indictment, also known as âtrue bill.â To vote an indictment you only need a quorum. For example in the Ferguson case, quorum would have been nine out of 12 grand jurors. Most grand juries are 12 to 23 people.